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District Court 8 May 2009

R v Noel John LAWSON

[2009] NSWDC 81

Assault & violence
CRIMINAL LAW PROCEDURE PLEAS GENERAL PLEAS PLEA OF GUILTY WITHDRAWAL AND RESTORATION OF PLEA

Citation: R v Noel John Lawson [2009] NSWDC 81
Court: District Court of New South Wales
Date: 8 May 2009
Judge(s): Bennett SC DCJ

Background

The applicant faced a fresh indictment containing three counts: detaining a person without consent, and two counts of conspiracy to maliciously inflict grievous bodily harm. He had also signed a Form 1 acknowledging guilt in relation to two additional offences, which he asked the court to take into account on sentence. All of this arose from a sequence of conduct connected to an alleged robbery of a man named Minett.

The applicant entered his guilty pleas on 24 April 2008 after negotiations during a trial that had been about to commence. Shortly after, his original legal representatives withdrew due to a conflict with their client, and new solicitors assumed the file.

The applicant subsequently sought leave to withdraw all three guilty pleas and his acknowledgement of guilt on the Form 1 offences. He contended that the circumstances surrounding the pleas undermined their integrity and that a miscarriage of justice would result if the court held him to them.

  • Whether the applicant should be granted leave to withdraw the guilty pleas entered on 24 April 2008 in respect of the three counts on the fresh indictment
  • Whether the integrity of the pleas was compromised by the circumstances in which they were entered
  • Whether a miscarriage of justice would arise from the court acting on those pleas
  • Whether the two additional offences on the Form 1 should be taken into account on sentence for the principal offence

Decision

Bennett SC DCJ refused the application to withdraw the guilty pleas. His Honour found that none of the circumstances surrounding the pleas compromised their integrity. The applicant had entered the pleas following a negotiation process that occurred on the eve of trial, and the court was not persuaded that this gave rise to any injustice.

The judgment also addressed a minor textual issue in the documentary record, finding that an apparent error in wording was to be read in its proper context and did not affect the validity of the pleas.

On the Form 1 offences, the court confirmed it had jurisdiction to deal with the additional charges once the applicant had pleaded guilty to the principal offence, signed the Form 1, and admitted guilt in open court. The court was satisfied it was appropriate to take those offences into account, noting the close factual connection between all of the conduct before the court. All of the misconduct arose in a sequence stemming from the original alleged robbery and the subsequent intimidation of potential witnesses.

The applicant was held to both his guilty pleas and his acknowledgement of guilt in relation to the Form 1 offences.

Orders Made

  • The application to withdraw the pleas of guilty entered to the three counts on the indictment upon which the applicant was arraigned on 24 April 2008 is refused.
  • The additional offences included in the Form 1 signed by the applicant and on behalf of the Director of Public Prosecutions shall be taken into account upon the determination of sentence for the principal offence, count 1 in the indictment.

Key Takeaways

  • A guilty plea will not be permitted to be withdrawn simply because a defendant later has a change of heart; the applicant must demonstrate that the integrity of the plea was compromised or that a miscarriage of justice would result from holding them to it.
  • The District Court found that plea negotiations conducted on the eve of trial, followed by arraignment the next day, did not of themselves undermine the validity or integrity of the resulting pleas.
  • Under Part 3 Division 3 of the Crimes (Sentencing Procedure) Act 1999, once a defendant pleads guilty to the principal offence, signs a Form 1, and admits guilt to the additional offences in open court, the court's jurisdiction to deal with those additional offences is properly invoked.
  • Factual connection between principal offences and Form 1 offences is a relevant consideration when determining whether it is appropriate to take additional offences into account on sentence.
  • No miscarriage of justice was established, and the court held the applicant to decisions he had made through the formal plea process.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), including ss 86(2), 97(1), 114(1)(d), 195(1)(a), 319, 342, 545AB
- Crimes (Sentencing Procedure) Act 1999 (NSW), Part 3 Division 3, ss 32, 33
- Evidence Act 1995 (NSW)
- Listening Devices Act 1984 (NSW) (since repealed)

Cases
- Johnston v R [2009] NSWCCA 82
- Meissner v R [1995] HCA 41; (1995) 184 CLR 132
- R v Abbruzzese [2006] NSWCCA 207
- R v Stephen John Rae (No 2) [2005] NSWCCA 380
- R v Van [2002] NSWCCA 148; (2002) 129 A Crim R 229
- Wong v Director of Public Prosecutions [2005] NSWSC 129; (2005) 155 A Crim R 37